CBP Issues 10+2 FAQ (Bonds for ISF Purposes Not Required Until January 26, 2010, Etc.)
U.S. Customs and Border Protection has posted to its Web site a frequently asked question (FAQ) document regarding its interim final rule that amended 19 CFR effective January 26, 2009, to require Security Filing (SF) information from importers and additional information from carriers (10+2) for vessel (maritime) cargo before it is brought into the U.S.
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Bonds for ISF Purposes Optional Until January 26, 2010
Several of the FAQs address the issue of when bonds for ISF purposes1, including the stand alone ISF bonds, will be required.
CBP responds to one of the FAQs by stating that due to the structured review and flexible enforcement period, the use of bonds for ISF purposes will not be required until January 26, 2010. ISFs may be filed during this period without obtaining a bond first.
However, CBP notes that it is prepared to accept bond information in the ISF filing starting on January 26, 2009.
(CBP is currently accepting Activity Code 1, 2, 3, or 4 continuous bonds or stand alone ISF continuous bonds. Use of single transaction bonds for ISF purposes may be allowed on a case-by-case basis. CBP is currently in discussions with trade groups regarding the process for the use of a single transaction bond for an ISF filing.)
See future issues of ITT for additional details on bond issues and other highlights from CBP's new 10+2 FAQ document.
FAQ is Non-Binding and to be Continually Updated
CBP notes that it's responses to the FAQs are for informational purposes only and are non-binding. Questions relating to specific facts and circumstances of a prospective transaction can be the subject of a ruling request under 19 CFR Part 177.
CBP also states that it will be continually updating and clarifying its FAQ document as necessary.
FAQ Organized by Topic
CBP states that its FAQ breaks down most of the subject matter into main topic areas which are listed alphabetically, as follows:
| ABI | Identification numbers |
| ACE | Implementation issues |
| Agents | Informal shipments |
| Amendments | Instruments of international trade |
| AMS | ISF filings |
| Bills of lading | ISF importer |
| Bonds | Messaging |
| Bulk and break bulk | MID numbers |
| Carnets | Outreach efforts |
| Client representatives | Postal codes |
| Coded transactions | Powers of attorney |
| Confidentiality | Record keeping requirements |
| Contact information (CBP) | Rejected ISF filings |
| Container status messages | Returned or refused shipments (including U.S. goods returned) |
| Cruise vessels and ISF | Self-filing |
| Data elements | Structured review period |
| Enforcement measures | Transmission methods |
| Exemptions | Unified ISF-10 and entry filings |
| Flexible enforcement period | Unique identification number |
| FTZ shipments | Vessel stow plans |
1In CBP's interim final rule, new 19 CFR 149.5(b) states that the ISF Importer must possess a basic importation and entry bond incorporating all the necessary provisions of 19 CFR 113.62, a basic custodial bond incorporating all the necessary provisions of 19 CFR 113.63, an international carrier bond incorporating all the necessary provisions of 19 CFR 113.64, a foreign trade zone (FTZ) operator bond incorporating all the necessary provisions of 19 CFR 113.73, or an ISF bond as provided in new Appendix D to 19 CFR 113. If an ISF Importer does not have a required bond, the agent submitting the ISF on behalf of the ISF Importer may post the agent's bond.
(See today's ITT, 09012700 for BP summary of DHS' confirmation that 10+2 began as scheduled on January 26, 2009.
See ITT's Online Archives or 11/25/08, 11/26/08, 12/03/08, 12/09/08, 12/10/08, 12/17/08, 12/19/08, 12/22/08, and 12/23/08 news, 08112505, 08112605, 08120305, 08120905, 08121010, 08121710, 08121905, 08122205, and 08122310, for Parts I-IX on the details of CBP's 10+2 interim final rule.
See ITT's Online Archives or 01/15/08 news, 09011505, for BP summary of CBP's discussion, clarification of its 10+2 interim final rule in which CBP announced that FAQs would be forthcoming.)
CBP's 10+2 FAQs (dated 01/23/09) available at http://www.cbp.gov/linkhandler/cgov/trade/cargo_security/carriers/security_filing/10_2faq.ctt/10_2faq.doc.